Commercial Driver and DUI

A Commercial Driver in Colorado who is charged with DUI faces tougher penalties at the Division of Motor Vehicles (DMV) regarding his driver’s license.

Even if a driver is driving his own personal vehicle and not a commercial vehicle, he is subject to a one-year CDL revocation for a first offense per se revocation of .08 blood or breath content. This one-year CDL revocation runs concurrent with the driver’s personal driving privilege revocation of nine (9) months for a first offense blood or breath test of .08 or greater.

If the driver is driving a commercial vehicle at the time of the stop for DUI and he submits a blood or breath test of .04 or more, he will lose his CDL for a period of one (1) year. A lifetime revocation will enter for a CDL driver with a second revocation, regardless of whether the driver was driving a personal or commercial vehicle.

If the commercial driver was driving a vehicle with hazardous materials at the time of the stop, he will be revoked for three (3) years on a first offense.

Although commercial driver’s licenses are issued by Colorado, they are governed by federal laws. The following chart by the FMCSA indicates potential disqualifications for commercial drivers.

The important date to know in Colorado for commercial drivers is September 30, 2005. Any DUI/DWAI/DUI per se/Express Consent Revocation .08 or greater offense that occurred in a personal vehicle on or after September 30, 2005 will effect the driver’s CDL as if the offense had occurred in a commercial vehicle. Thus even though a person with a CDL might’ve been stopped in their personal, compact Honda sedan and charged with DWAI/DUI/DUI per se/or Express Consent Revocation .08 or greater, their CDL license will be revoked as if they were driving a big rig.

If you are a commercial driver charged with DUI, DUI per se, or DWAI in Colorado, the complexities between DMV and the criminal court can be overwhelming. Denver and Greeley Attorney Monte Robbins has experience defending DUI drivers in both the county court criminal proceeding and the DMV administrative proceeding. Contact Attorney Monte Robbins today for a free case evaluation at 303-355-5148 or 970-301-5541.

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